The Functions Of Criminal Pretrial Conference On The Perspective Of Judgment Centralism

On October28,2014,the decision of the central committee of the communist party of China(CPC)adopted at the fourth plenary session of the 18 th CPC central committee(Referred to as the "decision" hereinafter),to promote reform of the litigation system centered on trial,this is the first time that the concrete concept of "trial as the center" has been elaborated in the official document,and this thesis is clearly put forward as the core content of the reform of criminal procedure system.In the context of advancing the trial as the center,Criminal Pretrial Conference is an important procedure for improving the quality and effectiveness of the trial,its most important function is to promote the justice as the center of justice.However,since the establishment of Criminal Pretrial Conference system in China in2013,Legislative principle of abstractness,partly due to the complexity of the judicial practice,the system function is difficult to fully effective play,system by a judge for low frequency,the specific practice of standard is not unified,and many other constraints and immediately highlighted.In response to these phenomena,from the perspective of judicial center,according to the spirit of "Procedures of the people’s court for handling criminal cases before the court(trial)" issued by the supreme people’s court on January 1,2018,and combined with judicial practice,to propose the limited substantive orientation of the function of Criminal PretrialConference system,to give full play to Criminal Pretrial Conference system.In addition to introduction and conclusion,this paper is divided into the following four parts:The first chapter about the basic principle of Criminal Pretrial Conference system in our country is analyzed.The basic principle of the system is the root and foundation of the continuous development of the support system.This section by Criminal Pretrial Conference system of concrete in this paper,the definition,characteristics,analytical characteristics in the system of our country’s Criminal Pretrial Conference,also summarizes the set up in the system of our country’s Criminal Pretrial Conference,Preliminary analysis of the value of Criminal Pretrial Conference system and the concept of the trial center,lay a theoretical foundation for the subsequent writing.The second chapter is about the current situation of the system of Criminal Pretrial Conference in our country.This chapter through to Criminal Pretrial Conference function marginalization of empirical research,found Criminal Pretrial Conference applicable rate is low,the system function expansion expected role play and practice the practice of the status quo,the paper analyzes the causes of the problems from the ambiguity of the establishment function,the weakness of the protection subject’s participation consciousness and the overburden of the hearing burden,so as to better understand and analyze the problems.The three chapter is about the extraterritorial experience of Criminal Pretrial Conferences.The generation and development of any system cannot be isolated.Only in the continuous comparison with other countries can we divide the advantages and disadvantages and see the length,so as to constantly discover the truth and develop the truth.This chapter summarizes the experiences of the countries of the common law system,the continental law system and Japan,and analyzes and evaluates the experiences of these countries,and draws on the experience that suits China’s national conditions.The forth chapter is about the function of Criminal Pretrial Conferences under the guidance of China’s judicial center is a limited and substantive thinking.Thischapter thinks about the function of the pretrial meeting and its positioning principle from the legal context of our country,and the rationality of the function limited substantial change of the court before the meeting,the final from the start of the court before the meeting,the applicable scope,participants,content and effect of basic processing pattern of limited nature localization are put forward.